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2005-004 Collective Bargaining Agrmnt with IAFF Local 2928(~-! RESOLUTION 04-2005 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYORAND VILLAGE CLERKTO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC., ATTACHED AS EXHIBIT "A", AND MADE PART OF THIS RESOLUTION; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Collective Bargaining Agreement between the Village of North Palm Beach and Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc., attached as Exhibit "A". Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Collective Bargaining Agreement specified above and set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 27th DAY OF JANUARY, 2005. ,, ,<~.~~~,~ p, ~~ `> '~ l (~/Ilage Seal) ;~` i ~ ~~I.I1f/. R ~„ <` ~,, . 1 '~, ,~ 1 \~ 1 ~~~!/lIIflllll111~~`~ ATTEST: M Y ~~ VILLAGE CL RK `• ;. F~. COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. 2004 - 2006 • ~~ TABLE OF CONTENTS l~: ARTICLE 1. PREAMBLE ............................. ................. 1 ........................................................ ARTICLE 2. RECOGNITIC N ... , .................................................................................................. ARTICLE 3 VALIDITY ... 2 . .......................................................................................................... ARTICLE 4. WORKER'S COMPENSATION ... 3 ........................................................................ ARTICLE 5 HEALTH INSURANCE ... 4 . ..................................................................................... ARTICLE 6 NO STRIKES - NO LOCKOUTS ... 5 . ....................................................................... ... 6 ARTICLE 7. MATERNITY LEAVE ..................................................................... 7 .................. ARTICLE 8. PAID BEREAVEMENT LEAVE .............................................. ... 8 ......................... ARTICLE 9 MILITARY LEAVE ... . ..............................:............................................................... 9 ARTICLE 10. SICK LEAVE .......................................................... 10 ............................................ ARTICLE 11 COURT APPEARANCES . . ................................................................................... 12 ARTICLE 12. MANAGEMENT RIGHTS .................................................................................. ARTICLE 13 SENIORITY 13 . ......................................................................................................... ARTICLE 14 PAID VACATIONS 14 . ............................................................................................. ARTICLE 15 PAID HOLIDAYS 16 . ............................................................................................... ARTICLE 16 GRIEVANCE PROCEDURE ARBITRATIO 19 . N .................................................. 20 ARTICLE 17. DISCIPLINARY APPEALS .......................................... ::: 24 .............................. ..... ...ARTICLE 18 ASSOCIATION ACTIVITIES . ......................................................................::..... 25 ARTICLE 19. RULES, REGULATIONS, DIRECTIVES .......................................................... 26 ARTICLE 20. BULLETIN BOARD .............................................. . 27 . ............................................ ARTICLE 21 SCHEDULED HOURS OVERTIME PAY . - ....................................................... 28 ARTICLE 22. COMPENSATORY TIME ....................................................... 30 ........................... ARTICLE 23 PUBLIC SAFETY CONTINUING EDUCA . TION .............................................. 31 ARTICLE 24. WORK ASSIGNMENT OUT OF GRADE ................................ 32 ......................... ARTICLE 25. MEDICAL EXAMINATIONS ................................................. 33 ........................... ARTICLE 26 UNIFORM AND CLOTHING ALLOWAN . CE ...........................................:...... 34 ARTICLE 27. VEHICLES AND EQUIPMENT ........................................... . : 35 . ........................... ARTICLE 28. PERSONNEL FILES -COMPLAINTS ............................................................... 36 ARTICLE 29. PROCEDURAL RIGHTS .................................................:..........:..:.........:....::..:. 37 ARTICLE 30. WAGES ....................................................................... 39 ......................................... ARTICLE 31 TRAINING . ........................................................................................................... ARTICLE 32. PROBATIONARY EMPLOYEES 40 ...................................................................... ARTICLE 33. CONTRACT CONSTITUTES ENTIRE 41 AGREEMENT OF THE PARTIES .................................... . 42 . .......................... ARTICLE 34 DURATION . ......................................................................................................... APPROVAUSIGNATURE PAGE 43 ............................................................................................. 44 • ARTICLE 1. • ~ PREAMBLE This Agreement is entered into by and between THE VILLAGE OF NORTH PALM BEACH, a municipal organization, hereinafter referred to as the "VILLAGE" and the PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC., hereinafter referred to as the "UNION",for the purposes of promoting harmonious relations between the two parties, to establish an orderly and peaceful procedure for settling differences which may arise, and to set forth the basic and full Agreement between the parties concerning wages, hours, terms and conditions of employment. • ~,. ARTICLE B. ~~ RECOGNITION 1. The VILLAGE recognizes the Professional FirefighterslParamedics ofPalm Beach County, Loca12928, IAFF, Inc., as the certified bargaining agent and exclusive representative of all public safety firefighter/paramedics, public safety firefighter/EMTs, and public safety paramedics in the North Substation and in the Transport Unit, as defined in Certification No. 1259 granted by the Public Employees Relations Commission (PERC) on May 28, 1999, for purposes of collective bargaining with respect to wages, hours, and/or terms and conditions of employment. 2. The term "employee" in this Agreement means those individuals employed by the VILLAGE in positions represented by the UNION regardless of membership in the UNION. • 2 ARTICLE 3. ~. VALIDITY If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. In the event a monetary provision of this Agreement is held invalid, the parties, at the request of either party, shall meet as soon a practicable and reopen negotiations of the affected monetary provision(s) of this Agreement. • 3 ARTICLE 4. • ''4 WORKER'S COMPENSATION 1. The VILLAGE will carry Worker's Compensation coverage for all employees covered by this Agreement in accordance with the law. 2. No benefits or payment under this Article shall be made where the disability isself-inflicted, or the disability continues as a result of the employee's failure to fully cooperate with medical advice or corrective therapy, or where drugs/alcohol are present at the time of the injury and are causally connected to the incident giving rise to the injury. 3. In the event of an on-the-job injury determined to be compensable under the provisions of the Workers' Compensation Act for a regular full-time employee, said employee will be carried at full pay up to 180 days per year less any workers' compensation benefits. In order to be considered for this injury in line of duty benefit, the following conditions must be met: A. The employee must provide written testimony of evidence that his injury was received in the line of duty. An injury received while the employee is attending a department approved school or training program shall be considered a line of duty injury.' B. Any employee who has a claim for compensation because of an injury on the job as described above shall file a claim, on the form provided by the VILLAGE, with the Director of Public Safety. C. Any employee who is able to return to work after a job related injury shall be reinstated to his former job, provided he is qualified to perform all of the duties and responsibilities ofhis previous position and is certified by a medical doctor prior to the employee returning to work. The VILLAGE may require confirmation of fitness to return to work. D. If he is unable to assume his former responsibilities, the employee shall have first preference to fill another Village Public Safety position, if a vacancy occurs, and the employee qualifies for such position. E. Nothing herein shall require the VILLAGE to create a light duty position when there is no operational or fiscal justification for its creation. • 4 ARTICLE 5. • ~ HEALTH IN SURANCE 1. The VILLAGE agrees to provide two health insurance plans (a PPO and an EPO) from. which employees may choose coverage and agrees to pay one hundred percent (100%) of the medical, dental and hospitalization insurance premiums for the employee and fifty percent (50%) of the employee's dependent's medical, dental and hospitalization insurance. The VILLAGE shall apply all premium contributions paid by, or withheld from the employee to the cost of the employees' dependents' coverage. Both insurance plans include prescription drug coverage. The benefits of these insurance plans shall be those set forth in the insurance master plan distributed to all employees. 2. It will be the responsibility of the employee to notify the VILLAGE in writing within thirty (30) days in the event that dependent coverage is no longer required due to a change in marital status or for any other reason. Should the employee not notify the VILLAGE of said change, the employee shall reimburse the VILLAGE for the amount paid for his dependent insurance coverage premium from the date of status change. 3. The VILLAGE retains the right to determine the insurance carrier or it may self-insure if it so desires. • S 0 ARTICLE 6. • `, NO STRIKES - NO LOCKOUTS 1. It is mutually agreed by the parties hereto that throughout the life of this Agreement, there shall be no strikes or stoppages of work. 2. The parties agree to comply with Florida State Statutes regarding any strikes or stoppages of work. • 6 ARTICLE 7. MATERNITY LEAVE 1. Whenever an employee shall become pregnant, she shall furnish the Director with a certificate from her physician, stating the approximate expected date of delivery. Such notice shall be given not less than thirty (30) days before the date the leave is to begin. 2. She may continue to work in her regularly assigned job classification until her physician certifies that she is no longer able to perform the essential functions of that job. Maternity leave shall start with cessation of actual work and continue for a period not to exceed six (6) months, provided that in all cases an employee shall be permitted to take at least twelve weeks leave after the actual delivery. If the employee desires to be paid while on maternity leave, paid leave shall be exhausted in the following order: sick leave, vacation, other personal leave. 3. Maternity leave may be extended if medically necessary, as determined by the employee's doctor. 4. Nothing herein shall prohibit an employee from requesting and receiving apre-delivery or post-delivery acco.*nmodation as requested by the employee's doctor, under ABA standards'for any disability associated with, or caused by her pregnancy. • 7 ARTICLE 8. .~ ~ _ •" ~ PAID BEREAVEMENT LEAVE 1. The VILLAGE agrees that when a death is imminent or occurs in the family, (family as herein defined): father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, son-in-law, daughter-in- law, brother-in-law, sister-in-law, grandparent, foster parent, nephew, niece, aunt, uncle, first cousin, step-father, stepmother, half-brother, half-sister, step-brother, step-sister or step-child of the employee. 2. An employee scheduled for five (5), eight (8) hour days, shall be allowed three (3), eight (8) hour days of bereavement leave with pay for purposes of bereavement. A request for additional time may be granted, subject to the discretion of the Village Manager or his designee. 3. An employee scheduled for twenty-four (24) hours on duty and forty-eight (48) hours off duty, shall be granted twenty-four (24) hours for bereavement leave with pay for purposes of bereavement. A request for additional time maybe granted, subject to the discretion of the Village Manager or his designee. -~ • 8 ARTICLE 9. MILITARY LEAVE 1. Employees who are members of the U.S. Armed Forces Reserves or the National Guard will be granted leave in accordance with state and federal law, including travel time, for the purpose of attending annual active duty for training. 2. A copy of employee's Military Orders are to be forwarded to the Director or Village Manager prior to taking military leave. • . 9 • ARTICLE T0. SICK LEAVE 1. Sick leave will be paid when the employee is absent from duty due to the following reasons: An employee's injury or illness or necessary medical treatment which precludes him or her from reporting for duty; Any injury, illness or necessary medical treatment of an employee's spouse, child, step-child or parent who resides in the employee's home which requires the employee's help to care for him or her or to obtain the necessary medical treatment. Z. The employee will certify on the appropriate Personnel Action Form upon his or her return to duty that he or she was not able to report for duty due to one of the above reasons. 3. Employees will accrue one (1) sick day per month, for a total of twelve (12) per year. Accruals and deductions will appear on the employee's pay stub. An employee on paid sick leave shall continue to accrue all benefits as if on actual duty, except that paid sick leave shall not be considered days worked for overtime purposes. ..; 4. A member's bank of accrued sick time will be adjusted using the following formula, when the member is assigned to a different shift schedule, excluding temporary assignments: The formula for converting sick leave from the 48 hour accrual rate to the 40 hour accrual rate is as follows: • Number of sick leave hours accrued (48 hour accrual rate) .- • divided by 24 • times 8 • =number of sick leave -hours to be paid (at 40 hour pay rate) • Example: Sick hours accrued (48 hour rate) Divide sick hours by 24 Convert sick hours to 40 hour accrual _ .288 hours = 12 days (288 hours/24) = 96 hours (12 days x 8) After the conversion, any sick leave pay to an employee is paid at the 40 hour pay rate. 5. Sick leave may be accumulated with no maximum. Any employee with less than seven (7) years of service to the VILLAGE who voluntarily terminates employment, or who retires or dies while in the service of the VILLAGE, shall receive payment equal to fifty percent (50%) of up to a maximum of sixty (60) unused accrued sick leave days (which equals a maximum of thirty (30) 10 days payment). Employees with seven (7) or more years of service to the VILLAGE shall receive payment equal to seventy-five percent (7~%) of up to a maximum of sixty (60) unused accrued sick leave days. Sick leave days will be converted to eight (8) hour days before pay out. This payment provision does not apply to any employee who is discharged for cause. A deceased employee's pay for sick leave shall be paid to the estate of the decedent. 6. Sick Leave Reimbursement A. Employees who have accrued forty eight (48) days of sick leave ("minimum base") may request reimbursement ,for sick leave accrued over the minimum base. Reimbursement by the VILLAGE will be on a 50% basis for every sick day above the minimum. Sick leave days will be converted to eight (8) hour days before pay out. B. Sick leave reimbursement is a voluntary right of the employee. An employee can only submit a request once per year during the month of May. The VILLAGE will reimburse the employee no later than November 30 of each year. C. The Finance Director will be responsible for establishing a reimbursement form and accounting for the base and other data necessary to financially administer this program. D. The employee will be required to sign acertificate/affidavit confirming that the reimbursement for the sick leave is final and will not be subject to the grievance process. 7. An employee who has been declared either physically or mentally unfit for duty by a Doctor approved by the VILLAGE, when ordered for a fitness for duty exam by the VILLAGE, shall be required to use accrued sick leave while out of work on medical leave. • 11 ARTICLE 11. • COURT APPEARANCES 1. Any member required to attend a judicial matter arising from the performance of his/her duty shall be compensated for said services as follows: A. Attendance while on duty, payment at regular pay scale. B. Attendance while off duty, payment of one and one-half hourly rate. C. A minimum guarantee of two (2) hours payment will be made for any appearance under this article to an employee who is off duty on the day of the appearance but the appearance is more than two (2) hours before the beginning or more than two (2) hours after the end of the employee's shift. If the employee is on duty on the day of the appearance but the appearance is less than two (2) hours before the beginning of less than two (2) hours after the end of the employee's shift, the .employee will be paid for the actual time spent attending the judicial matter. D. Witness fee shall be retained by the employee. 2. Members who are required to attend a judicial matter arising from performance of his/her duties shall give notice to the Public Safety Director and the Village Attorney. Rescheduling may be requested and coordinated by the VILLAGE. 3. Payment shall be made as soon as possible (by the next) payroll period following completion of the service. 4. Travel in excess of twenty (20) miles outside the perimeter of the Village shall be compensated as one (1) hour of wages for the employee concerned. 5. Employees who are summoned to jury duty by a court of competent jurisdiction will be granted time off with pay. Any employee who is released or temporarily excused from jury duty and has more than half a normally scheduled work day remaining, shall report to work as soon as possible after being released or excused. • 12 ARTICLE 12. • MANAGEMENT RIGHTS 1. It is recognized and agreed that, except as specifically stated herein, the VILLAGE retains whatever rights and authority it possessed prior to entering into this Agreement, including but not limited to the right to operate and direct the affairs of the Village and its Public Safety Department in all its various aspects; to direct the working forces; to plan, direct, and control the operations and services of the Department; to determine methods, means, organization and personnel by which such operations and services are to be conducted; to assign and transfer employees; to hire and promote; to demote, suspend, discipline, or discharge for just cause; to relieve employees for lack of work or for other legitimate reasons; to make, establish, and enforce rules and regulations; and to change or eliminate existing methods, equipment, or facilities (provided, however, that such actions are not inconsistent with the terms of this Agreement) . 2. The UNION and the VILLAGE recognize that the residents of North Palm Beach are entitled to receive services at the highest possible level, subject to budget constraints. Therefore, the UNION pledges that it will encourage employees to increase their productivity and raise their individual level of service in order to provide and maintain the delivery of services at the highest possible level. _. 3. The UNION agrees that all employees covered under this Agreement shall comply with all Village Personnel Rules and Regulations, including those relating to conduct and work performance, unless such rules and regulations conflict with this Agreement. 4. Ifl at the discretion of the Village Manager or his designee, it is determined that a civil emergency condition exists, including but not limited to riots, civil disorders, hurricane conditions or other catastrophes, the provisions of this Agreement maybe suspended by the Village Manager, or his designee, during the time of the declared emergency, provided that the wage rate and monetary fringe benefits shall not be suspended. S. Those inherent managerial functions, prerogatives and policy making rights which the VILLAGE has not expressly modified or restricted by a specific provision of this Agreement are not in any way subject to the grievance and/or arbitration procedure contained herein. • 13 ARTICLE 13. • SENIORITY 1. Seniority shall be defined as length of service with the Village Public Safety Department as determined by an employee's date of hire. In the event that two employees in the same classification have the same date of hire, seniority shall be determined by length of service within classification. 2. Seniority will govern selection of vacation schedules and preference in working overtime, provided the Public Safety Director has the final authority to over-ride seniority for extraordinary operation reasons and his decision in that regard is not grievable. When the Public Safety Director over-rides a request based on seniority, he shall inform the requesting party in writing of the basis of his decision. 3. When the Department requires overtime work to fill a vacancy, the overtime assignment shall be offered on the basis of seniority, using an "overtime wheel." The overtime wheel shall function to identify employees in order of seniority with the Public Safety Department. If an employee refuses his or her turn on the wheel, he or she will be charged as if he or she had worked and will go to the bottom of the overtime eligibility list. With each opportunity to work overtime, only one employee may pass on the opportunity to work the overtime assignment. When an employee passes, the next employee on the list may be ordered to work the overtime assignment. 4. Where a promotional opportunity shall occur and two or more employees are under consideration, the Director shall give due consideration to seniority and qualifications. 5. In the event of a layoff, an employee may displace the employee with lesser seniority in a lower classification provided the employee has prior service in said lower classification and provided further that the following factors are substantially equal: - A. Sufficient ability and qualifications to perform the work. B. Performance evaluation. C. Physical condition and job attitude. 6. In the event of substantial inequality of these factors as between employees in the same classification and department, the employee with the higher values of factors A, B, and C in the aggregate, shall be retained. 7. An employee shall be recalled in inverse order of layoff. 8. An employee shall lose his seniority as a result of the following: A. Termination B. Retirement • C. Voluntary resignation 14 D. Layoff exceeding six (6) months E. Failure to report to the Village Manager, or his designee, intention of returning to work within three (3) days of receipt of recall, as verified by certified mail, return receipt. F. Failure to return from military leave within the time limits prescribed by law. G. Failure to return from an authorized leave of absence upon the expiration of such leave. 9. Seniority shall continue to accrue during all types of leave approved by the VILLAGE. r~ 15 • • ARTICLE 14. PAID VACATIONS 1. Vacation days accrue but may not be taken during the first year of service. Exceptions to this general rule maybe made by the Director at his discretion. All personnel who have completed one (1) year or more of full-time service shall be entitled to take vacation with pay in accordance with the following accrual schedule: LENGTH OF SERVICE Less than 7 Years 7 Years but less than 12 years 12 Years and over DAYS OF VACATION 40 Hour Employees 24 Hr. Employees and Paramedics 10 working day = 80 hours 15 working days = 120 hours 20 working days =160 hours 5 Shifts = 2 weeks = 120 hours 7 Shifts = 3 weeks = 168 hours 10 Shifts = 4 weeks = 240 hours 2. Vacation, sick leave, or any other paid leave, shall be included in the computation of the one year of required full service. 3. (A) Vacations shall be scheduled from January 1 to December 31. The VILLAGE shall determine the number of employees who can be off on vacation at any time throughout the year. Employees may not schedule vacation time off in excess of their anticipated available accruals including existing banks. (B) In October of each year, the VILLAGE will advise how many employees may be scheduled off for vacation during the next year beginning January 1 per shift. (C) During the month of November, employees shall select vacation periods by seniority on a per shift basis. Vacations selections shall be made in three (3) rounds: (i) First Round - No later than November 15, all employees must submit requests to select a minimum of three (3) or more consecutive shifts (which may include Kelly Days). First round selections shall be limited to no more than ten (10) shifts, which includes Kelly Days, provided that the Director may approve vacation selections greater than ten (10) shifts. Such approval shall not be unreasonably denied. No part of any vacation lasting eleven (11) shifts or more (including Kelly Days) may be cancelled. (ii) Second Round - No later than November 15, employees may submit requests 16 to schedule another single group of {1 or more) consecutive shifts of vacation time. First and second round vacation awards shall be made no later than November 30. (iii) Third Round - On the first A, B, and C shifts in December, the Director or his designee will begin to accept applications for vacation scheduling for the upcoming year, which shall be on a first come, first serve basis. If two (2) or more requests for the same vacation day ai•e received on the same day, the employee with the most seniority will receive the requested vacation day. Employees shall be notified no later than the end of their shift following the shift in which their request was made as to whether their request has been approved or denied. Denied vacation request forms shall be kept on file by the Director or his designee and should the requested vacation time become available, the denied vacation request shall be considered for approval. The date of submission of denied time shall then constitute the date for the first come, first serve basis. (D) Once approved, vacation times shall not be rescinded by the VILLAGE except in the event of a major emergency (i.e. earthquake, tropical storm, hurricane, or civil emergency). (E) Employees may cancel or request vacation time only if at least sixty two (62) hours notice is provided from the start of the leave period, including Kelly Days. Requests or cancellations, if made with less than the required notice, but prior to the start of the leave period, may be granted at the discretion of the Director or his designee, however, no request will be ~•..~~~~ unreasonably denied. (F) Emergency Leave -Employees shall be granted emergency leave as necessary, subject to the approval of the Director or his designee, and such approval shall not be unreasonably denied. Once granted, emergency leave shall be charged as actual time used in quarter-hour increments. If the reason for the absence is a qualified use of sick leave, emergency leave shall be charged to the employee's sick leave allotment. If not, the absence shall be charged to compensatory time and finally to vacation time. - (G) Vacation time may be taken in a minimum of two (2) hours and thereafter hour for hour. 4. Employment terminated without cause, or by layoff, or by retirement, illness or injury shall not affect payment of earned vacation time. An employee shall not lose his vacation with pay if incapacitated due to an injury or illness incurred in the line of duty. The vacation time shall be reassigned upon return to duty. 5. If employment is terminated by death, the estate of the employee shall receive payment for the earned vacation days. 6. Vacation days shall be credited and reported per pay period, to indicate hours accrued less hours taken, reflecting net vacation hours available per pay period. 7. A member's bank of accrued vacation leave will be adjusted using the following formula, • 17 when the member is assigned to a different shift schedule, excluding temporary assignments: The formula for converting vacation leave from the 48 hour accrual rate to the 40 hour accrual rate is as follows: Number of vacation hours accrued (48 hour accrual rate) times 2, divided by 3 = number of hours to be paid (at 40 hour pay rate) Example: Vacation hours accrued (48 hour rate) = 120 hours Convert vacation hours to 40 hour accrual = 80 hours (120 hours times 2, divided by 3) After the conversion, any vacation leave pay to an employee is paid at the 40 hour pay rate. 8. The maximum number of vacation days an employee may accrue is the unused days accrued r ~ during the employee's previous two (2) year period. Any employee, other than an employee who is discharged for cause, who voluntarily terminates, retires or dies while employed by the VILLAGE, shall receive payment equal to one hundred percent (100%) of the unused days of vacation accrued during the two year period prior to termination, retirement or death. Vacation leave days will be converted to eight (8) hour days before pay out. 9. An employee who has used ten (10) days of vacation time in a fiscal year may request reimbursement for any unused vacation days above the ten (10) days used. Employees requesting reimbursement must do so, in writing on a form approved by the Village Manager or-his/her designee, during the month of October immediately following the fiscal year in which the ten (10) vacation days were used. The VILLAGE will provide reimbursement no later than the November 30`h immediately following the written request. Reimbursement shall be at 100% of the employees' hourly rate as of September 30`h of the fiscal year in which the ten (10) vacation days were used. The employee will be required to sign acertification/affidavit confirming that the reimbursement for the annual vacation leave days/hours is final and will not be subject to the grievance process." • 18 • r~ ARTICLE i5. PAID HOLIDAYS 1. The following days shall be considered paid holidays, and all employees will receive eight (8) hours of straight time pay for these days even if they do not work: New Year's Day Memorial Day Independence Day Labor Day Martin Luther King Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day Christmas Eve Christmas Day President's Day 2. In the event an employee does work on any of the above named holidays, the employee shall be paid time and one-half the regular rate of pay for all hours actually worked. 3. In the event that the bargaining unit represented by the Palm Beach County Police Benevolent Association receives a holiday benefit greater. than those provided herein, such benefits shall be equally received by the bargaining unit covered by this Agreement. -~ 19 ARTICLE 16. • GRIEVANCE PROCEDURE -ARBITRATION 1. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is specifically agreed and understood that there shall be a procedure for the resolution of disputes between the parties. For the purpose of this Article, a grievance is defined as, and limited to, any dispute, difference or controversy involving the interpretation or application of this Agreement. A dispute over disciplinary action shall be considered an appeal of disciplinary action unless otherwise grievabce. If the dispute is not covered by the grievance procedure as set forth in the Agreement then the dispute shall be processed as set forth in Article 17. 2. For the purpose of this Article, time is considered to be of the utmost importance. Accordingly, any grievance not submitted and/or processed by the grieving party in accordance with the time limits provided below shall be considered exclusively abandoned and shall be barred, forfeited and forever foreclosed for all contractual purposes and shall result in the forfeiture of all rights to arbitration. Any grievance not answered or processed by the VILLAGE within the time limits provided below shall be deemed resolved in favor of the grievant. 3. Grievances shall be presented in the following manner: Step 1: In the event an employee covered by this Agreement believes that there is a basis for a grievance, as that term is defined above, he shall first discuss the alleged grievance with the immediate supervisor, and maybe accompanied by a representative of the Union, if so desired. This first discussion shall take place within ten (10) calendar days of the occurrence of the events which gave rise to the alleged grievance, or within ten (10) calendar days of when the employee knew or should have known of the existence of the events giving rise to the alleged grievance. Step 2: In the event that the employee is not satisfied with the disposition of the grievance at Step 1, he may file a formal grievance, on a form approved by the VILLAGE. Such a grievance must be filed within ten (10) calendar days after the informal discussion is held at Step 1. Said grievance must be in writing, must be signed by the employee or the UNION as his representative and must contain: (a) the date of the alleged grievance; (b) the specific article (s) of this Agreement allegedly violated; (c) the facts pertaining to or giving rise to the alleged grievances; and (d) the relief requested. The formal grievance shall be submitted to the Public Safety Director or his designee. The Public Safety Director shall, within ten (10) calendar days after the receipt of the formal written grievance, render his decision on the grievance in writing. The Director shall reply in writing within ten (10) calendar days of receipt of the grievance. Failure by the Director to reply within the time period shall be held to be an approval of the grievance and the remedy sought. Step 3: In the event that the employee is not satisfied with the disposition of the grievance by the Public Safety Director at Step 2 he/she shall have the right to submit the grievance to the Village Manager within ten (10) calendar days after the disposition. Such grievance must be accompanied by the filing of a copy of the original written grievance. The Village Manager shall, within ten (10) . calendar days of receipt of the grievance, render his decision in writing. If the Village Manager 20 shall fail to reply in writing, such failure shall be deemed as an approval of the merits of the • grievance or dispute and the remedy sought. ~. ~Vher;, a grievance is gcncral in nature in that it applies to a number of employees having the same issue to be decided, or if the grievance is directly between the UNION and the VILLAGE, it shall be presented directly at Step 3 of the grievance procedure, within the time limit provided for the submission of the grievance at Step 2, and signed by the aggrieved employees or the UNION representative on their behalf. 5. In the event a grievance processed through the grievance procedure has not been resolved at Step 3 above, the UNION may submit the grievance to arbitration within ten (10) calendar days after the Village Manager's disposition of the grievance. Such request shall be in writing to the other party, and if delivered by mail, postmarked within ten (10) days of the Village Manager's disposition of the grievance. The arbitrator may be any impartial person mutually agreed upon by the parties. However, in the event the parties are unable to agree upon said impartial arbitrator, the party seeking the appointment of an arbitrator shall, within five(5) days, request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) names from which each party shall have the option of striking three (3) names in alternating fashion, until the parties select a neutral or impartial arbitrator. The party striking first shall be determined by the toss of a coin. The selection process shall occur withir. five (5) calendar days of receipt of the panel list. -~- 6. Whenever the grieving party is satisfied with the disposition of the grievance at any step of the grievance procedure, or if the grieving party does not process the grievance in accordance with the specified lime limits, processing of the grievance by the VILLAGE will automatically stop. However, a grieving employee may not partially accept and partially reject a disposition of his grievance. The employee must either accept or reject the disposition of his grievance, in its entirety. Thus, for example, if any employee grieves a termination, and is ordered reinstated without back pay at one of the steps of the grievance procedure, he may not accept the reinstatement and continue to grieve the loss of back pay. His only choices would be to accept the disposition of his grievance, or remain discharged and pursue the grievance further. 7. For the purposes of this Article, the term "calendar day" is defined to include every day except Saturdays, Sundays, and days designated as holidays by this Agreement, regardless of whether the grievant is on duty or off duty. 8. The time limits contained herein are to be strictly adhered to and may only be extended by written agreement between the parties. 9. The VILLAGE and the UNION shall mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine his decision to the particular grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will determine the statement of the grievance, provided, however, that the arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof • or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter 21 which is stated in this Agreement riot to be subject to arbitration or which is not a grievance as • defined in this Article, except to the extent as specifically provided herein or expressly agreed to by the parties. 10. The arbitrator may not issue declaratory opinions and shall confine himself exclusively to the question(s) presented to him, which questions(s) must be actual and existing. 11. Each party shall bear the expense of its own witnesses and of its own representatives for the purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any person desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share such costs. 12. The arbitrator's award shall be final and binding on the parties. 13. For the first three hundred sixty-five (365) days of consecutive service with the VILLAGE, an employee is probationary. That is, the employee serves at the will and pleasure of the VILLAGE and thus he may be disciplined or discharge without explanation or for any reason deemed sufficient by the appropriate Village official. Accordingly, probationary employees shall have no right to utilize this grievance/arbitration procedure for any matter concerning discharge, suspension or other discipline. 14. The Union representative will be furnished with a copy of each grievance filed by an employee within the bargaining unit. 15. Employees may request to have a Union representative present at any step of the grievance procedure. 16. The UNION will not be required to process the grievance ofnon-members. The UNION will not be responsible for grievances proceeding to arbitration without being first notified by the VILLAGE in writing (and with a copy of the grievance) by the VILLAGE in a timely manner. The union representative will have his/her name, address and ali contact numbers on file with the VILLAGE. 17. The' parties agree that the settlement of any grievance by the parties prior to the rendition of a decision by an arbitrator shall not constitute an admission that the contract has been violated nor shall such settlement constitute a precedent for the interpretation or application of the provisions of this Agreement. 18. When arbitrability is raised by the VILLAGE with respect to any grievance, the issue of arbitrability shall be determined by the arbitrator no less than thirty (30) days prior to commencement of an arbitration hearing on the grievance itself. 19. If the VILLAGE does not agree that the matter is arbitrable, notification shall be sent to the UNION of such within ten (10) days of receipt of the UNION request to proceed to arbitration. The 22 parties agree that in such an instance, the VILLAGE may submit solely the question of arbitrability • either to an arbitrator or to a court. If the arbitrability issue is submitted to an arbitrator, the decision shall be based solely on written briefs, exhibits and affidavits submitted by the parties, with no oral argument allc:=.~ed; and shall. be submitted to the arbitrator within ten days of selection of the arbitrator. The arbitrator shall render the decision within fifteen days of receipt of the parties' submissions. 20. Whichever party loses on the issue of arbitrability shall pay the costs involved in that proceeding. 21. If there is no objection by either party to the arbitrability of the grievance, and the above mentioned procedure has been fully complied with or results in a determination that the grievance - is arbitrable,-the parties shall proceed to arbitrate-the grievan~e.- • 23 ARTICLE 17. • DISCIPLINARY APPEALS Appeals of disciplinary action shall be handled as follows: 1. An employee who wishes to challenge any disciplinary action, shall file a notice of appeal to the Public Safety Director within ten (10) calendar days of notice of the disciplinary action. When an employee has received a written counseling, the employee may, within 10 days of receipt of the written counseling, submit a written rebuttal which shall be attached to the written counseling document in the employee's personnel file. 2. Upon receipt of a notice of appeal, the Public Safety Director or his designee shall have ten (10) calendar days to review the discipline and to advise the employee that the discipline is either (i) sustained; (ii) reversed; or (iii) modified. Failure of the Public Safety Director to respond within ten (10) calendar days shall constitute a determination that the discipline is sustained. 3. An employee who is not satisfied with the Public Safety Director's decision can further appeal a discipline to the Village Manager. Upon receipt of a notice of appeal, the Village ~:•Manager shall have ten (10) calendar days to review the discipline and to advise the employee that the discipline is either (i) sustained; (ii) reversed; or (iii) modified. Failure of the Village Manager to respond within ten (10) calendar days shall constitute a determination that the discipline is sustained. The decision of the Village Manager shall be final unless appealed as hereinafter set forth. 4. The UNION may appeal a discipline greater than a written reprimand to arbitration using the same procedure for appointment of an arbitrator as set forth in Article 16 above. The request for appointment of an arbitrator must be made to the Village Manager in writing within ten (10) calendar days of the Village Manager's decision. The decision of the arbitrator shall be made within thirty (30) days following the conclusion of the hearing or the deadline for closing briefs, whichever is later. The arbitrator may sustain, reverse, or modify the discipline which was set by the `tillage Manager. The decisior, of the Arbitrator is final and binding on the parties. 5. No employee shall be subject to discipline of any type without just cause. No employee shall be subject to a suspension without pay or a termination without first being afforded apre-determination conference with the Village Manager orhis/her designee. Nopre-determination conference shall be conducted with less than ten. (10) calendar days notice to the employee. • 24 ARTICLE 18. I• UNIONACTIVITIES 1. An employee shall have the right to join or not join the UNION, to engage in lawful concerted activity for the purpose of collective bargaining or other mutual aid or protection, to express or communicate any view, grievance, complaint or opinion relating to conditions of employment or compensation, through duly appointed UNION representation, all actions to be free from any and all restraint, coercion, discrimination or reprisal by the VILLAGE or the UNION. 2. UNION officials and/or members, no more than two (2), shall be granted reasonable time during working hours, without loss of pay, to negotiate with the representatives of the VILLAGE. 3. Reasonable time shall be granted for the processing of grievances with a duly designated representative of the UNION during working hours. The VILLAGE, in its discretion, may stop the use of such time off if it interferes with productivity or manpower needs. However, the exercise of such right on the VILLAGE'S part shall not be arbitrary or capricious, nor shall it allow the VILLAGE to proceed in a manner which deprives the employee of his or her right of representation. An UNION representative shall be permitted to accompany a fellow employees in circumstances Stich aS: A. The employee is required to appear at a hearing related to a grievance: B. The employee is presenting or responding to a grievance. C. The employee is subject to interrogation in conjunction with an internal affairs investigation. D. The employee is attending apre-determination hearing. 4. The Village Manager shall be immediately notified in writing, of changes of appointed UNION representatives. 5. UNION representatives shall be permitted to wear UNION insignia while on duty..Said insignia shall be approved by the Director or his designee. • ZS 0 ~• • ARTICLE 19. RULES, REGULATIONS. DIRECTIVES 1. Amendments, additions or modifications to personnel rules, regulations, and departmental directives shall be in writing and a copy of the same shall be submitted to the UNION no less than fourteen (14) days prior to implementation. 2. A request for bargaining regarding any rule change must be received within seven (7) days after notification to the UNION by the VILLAGE of the implementation of a rule change. 26 ARTICLE 20. ~• BULLETIN BOARD 1. The UNION will provide a serviceable bulletin board for its use. All materials posted must be signed by an official of the UNION and a copy given to the Director. The VILLAGE agrees to furnish space for the bulletin board. 2. Bulletins shall contain nothing derogatory relating to the VILLAGE, its elected officials or supervisory personnel. C~ 27 ARTICLE 21. ~• SCHEDULED HOURS - OVERTIME PAY 1. The average workweek for twenty-four (24) hour shift employees shall be forty-eight (48) hours, with twenty-four (24) hours on duty and forty-eight (48) hours off duty, with an additional shift off (Kelly Day) after every seventh (7~') shift. The FLSA work period for shift employees is twenty-one (21) days. 2. Kelly Days will be selected biannually. Such selections shall be implemented beginning with the first full twenty-one (21) day work cycle in January and July of each year. For all employees, the selection of Kelly Days shall be determined by shift based on seniority as defined in Article 13 of this Agreement. The Director of Public Safety shall have the authority to determine the number of employees allowed off on Kelly Day for each day of the twenty-one (21) day work cycle so long as each employee has one Kelly Day off every seventh (7`~) shift. 3. Kelly Days may be exchanged regardless of Kelly Day cycles on a permanent or temporary basis by two mutually agreeable employees in accordance with Section 10 of this Article. A Kelly r Day may be exchanged for a vacant Kelly Day slot provided that the exchange is made in the same »- . Twenty-one (21) day work cycle and in accordance with Section 10 of this Article. -' 4. If an employee requests a transfer or accepts a promotion or assignment into a new classification, the employee's selection of Kelly Day shall be based on the remaining days available on the new shift or in the new assignment to which the employee is to be transferred. 5. If an employee is to be transferred to a different shift by the VILLAGE, the VILLAGE shall first request that employees voluntarily switch shifts or Kelly Days. If within thirty (30) days of that request by the VILLAGE no employee has volunteered to switch shifts or Kelly Days, the VILLAGE may, if necessary, switch the Kelly Day of the employee(s) being moved from one shift to another. 6. If a problem arises in the implementation of this Article, the UNION and the VILLAGE shall meet to resolve the problem by mutual agreement. 7. The procedures for paying overtime for time worked outside of an employee's normally scheduled work week which are in effect at the time of this Agreement shall be maintained as the status quo except that the FLSA work period for shift employees is now twenty-one (21) days. An employee may be asked to work on his or her Kelly Day. An employee asked to work on his or her Kelly Day shall have the right to refuse such a request. Any employee who works on his or her Kelly Day shall be paid at the rate of time and one-half (1/2) of the employee's straight time pay for all hours worked. 8. For purposes of computing overtime pay, all authorized paid leave, except sick-leave, shall be considered time worked. • 28 9. Employees assigned to "standby" will be paid a minimum of one (1) hour's pay per "standby • shift". In the event an employee is "called back", he or she shall receive a minimum of two (2) hours pay. "Standby" and "call back" time relate to either fire duty or emergency duty. 10. Employees may exchange hours subject to the approval of the Director or his designee providing such exchanges do not result in overtime. 11. The VILLAGE retains the right to make changes in schedules when extenuating circumstances such as hurricanes or other states of emergencies dictate. C~ 29 ~• ARTICLE 22. COMPENSATORY TIME 1. For purposes of this Agreement, compensatory time shall be defined as that period of time which is earned by the employee for hours worked in excess of the employee's normally scheduled work period, accumulated at a rate of time and one-half (1 1/2) in lieu of monetary overtime compensation. 2. Compensatory time will be granted if the employee notifies the Director of the contemplated use at least seven (7) calendar days prior to use, provided such use will not be unduly burdensome to the Public Safety Department's operation. 3. In the event more than one employee requests use of compensatory time off for the same period, seniority shall be govern choice. 4. Members may bank up to seventy-two (72) hours of compensatory time. • 30 0 ARTICLE 23. . ~• PUBLIC SAFETY CONTINUING EDUCATION Courses to be taken during scheduled work time are subject to the employee obtaining an approved replacement. In order to qualify for reimbursement under the VILLAGE'S tuition program, all courses to be taken must be prior approved by the Director of Public Safety and the Village Manager. The VILLAGE will reimburse the employee for the costs of public safety related continuing education. Any and all continuing education will be done on the employee's own time. 31 ARTICLE 24. ~. WORK ASSIGNMENT OUT OF GRADE 1. An employee who is required to temporarily accept responsibility and carry out the duties of a rank. higher than. which he or she normally holds, for a full shift shall be paid five percent (5%) above the individual's present base rate for that position while so engaged. 2. An employee assigned to a rank which carries a rate of pay higher than the permanent rate of the assignee shall in the event of injury, illness, or death incurred while in the performance of service be compensated at the level of payment for that rank, and all benefits accrued thereof. • 32 ARTICLE 2~. MEDICAL EXAMINATIONS 1. Medical examinations shall be voluntary, except post-job offer medical evaluations for the job classification. In those situations where the VILLAGE requires a medical examination, the entire costs shall be borne by the VILLAGE. The VILLAGE agrees to provide those vaccinations and examinations required by Section 112.18 and Section 112.181, Florida Statutes. 2. The foregoing shall not be construed to prohibit the VILLAGE from ordering an employee to undergo an examination to determine fitness for duty when the VILLAGE has a reasonable suspicion that the employee is unfit to perform his/her duties. "Reasonable suspicion" means a belief drawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable suspicion testing shall not be required except upon the final approval of the Public Safety Director, after the recommendation of a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon: A. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. __ B. Excessive use of sick time. .. _ , 3. Presumption: The VILLAGE agrees that any condition or impairment of health of any employee caused by tuberculosis, heart disease, hypertension, hepatitis, or meningococcal meningitis resulting in total or partial disability or death shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary is shown by competent evidence. • 33 • • ARTICLE 26. UNIFORM AND CLOTHING ALLOWANCE 1. A sixty ($60.00) dollar monthly allowance shall be paid to all members of the bargaining unit for the repair and cleaning of clothing used in the performance of duty. 2. Uniforms damaged beyond repair in the line of duty shall be replaced by the VILLAGE at no cost to the employee. 3. Costs for repair or replacement of watches or eyeglasses damaged or destroyed while in the course of duty will be paid by the VILLAGE at a cost not to exceed one hundred ($.100.00) dollars per item. 4, A shoe allowance of up to seventy-five ($75.00) dollars per year shall be paid to all bargaining unit members during the first pay period in October. 5. Employees shall be issued three (3) shirts and three (3) pair of pants. 6. Employees shall be issued one (1) jump suit. _.~. 34 ARTICLE 27. '~ VEHICLES AND EQUIPMENT Vehicle Maintenance. Each employee assigned to a Village vehicle shall keep the vehicle free from litter and return the vehicle at the end of his shift in the same condition as when he received it, subject only to mechanical defects. or damage, or soiling of the vehicle not caused by the employee. It shall be the vehicle operator's responsibility to report all damage, mechanical problems or operational problems detected, or which could be detected with reasonable diligence. If the employee believes the vehicle he is assigned is unsafe, it shall be reported to the Shift Supervisor. If the Shift Supervisor agrees that the vehicle is unsafe, it shall not be placed in service until it is made safe. Public Safety vehicles will be washed and sanitized as necessary. Use of Private Automobile. In the event an employee (if authorized and directed in advance) uses his own automobile for the performance of official duties on behalf of the VILLAGE, the employee will be compensated at the rate established by the VILLAGE for all Village employees. Portable Radios. Employees will be provided with two-way portable radios while on shift. • 35 • ARTICLE ~8. PERSONNEL FILES -COMPLAINTS 1. An employee shall have the right to review the contents of his/her personnel file after due notice to the Director. Such review shall be in the presence of the Director or his duly authorized representative. 2. The VILLAGE agrees that no disciplinary action shall be taken against a bargaining unit member without due process. Anonymous complaints may trigger an investigation, but an anonymous complaint alone may not be the basis of disciplinary action. J 3. It is agreed that no employee will be required to write a report to the Director of Public Safety or any other supervisory officer on any complaint by a person or persons in or outside the Department against said employee unless and until the complainant(s) submit(s) said complaint in writing and signs same.. 4. Prior to any report in writing being submitted, the subject employee shall be furnished a copy of the signed complaint. Any form of documented disciplinary action shall be signed by the ;~ employee, which signature. shall indicate that the employee has received a copy of the form but shall not indicate that the employee agrees with the discipline. The employee shall receive a copy of the documented disciplinary action. ~: 5. If a charge is brought and the employee is adjudicated as being innocent, then the complaint and charge shall be plainly and clearly marked as unfounded in all the personnel folders of the subject employee. • 36 ARTICLE 29. i• PROCEDURAL RIGHTS Any employee under investigation and subject to interrogation by the Department or an outside agency subject to the direction and control of the VILLAGE which may result in disciplinary action, demotion, dismissal and/or criminal charges being filed; then, under such circumstances, the interrogation shall be conducted as follows: A. Interrogations will normally be conducted during the employee's scheduled duty time, unless immediate action is imperative. B. Interrogation will be conducted at Public Safety Department headquarters. C. The employee under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and all persons present during the interrogation. All questions directed to the employee under the interrogation shall be asked by and through one (1) interrogator at any one (1) time. D. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation and he shall be informed of the names of all complainants. E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. F. The employee under interrogation shall not be subject to offensive language or threatened with transfer, dismissal, or disciplinary action. No promise or reward shall be made as an inducement to answering any questions. G. The formal interrogation of the employee, including all recess periods, shall be recorded and there shall be no unrecorded questions or statement. H. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogations, he shall be completely informed of all of his/her rights prior to the commencement of the interrogation. I. At the request of any employee under investigation, he shall have the right to be represented by counsel or any other representative of his choice who shall be present at all times during such interrogation wherever the interrogation relates to the employee's continued fitness for service. • 37 J. Representation on complaint review boards: A Complaint review board shall be composed of three (3) members: one (1) member selected by the Public Safety Director; one (1) t• member selected by the aggrieved employee; and the third (3'd) member selected by the other two (2) members. The board members shall be employees selected from any state, county, or municipal agency within the county. K. Civil suits brought by employees: Every employee shall have the right to bring civil suit against any person, group of persons, organization or corporation or the heads of such organizations or corporations for damages, either pecuniary or otherwise, suffered during the performance of the employee's official duties or for abridgement of the employee's civil rights arising out of the employee's performance of official duties. L. Notice of disciplinary action: No dismissal, demotion, transfer, reassignment; or other personnel action which might result in the loss of pay or benefits or which might otherwise be considered a punitive measure shall be taken against any employee, unless such reason or reasons therefore are communicated to the employee in writing prior to the effective date of such action. M. Retaliation for exercising rights: No employee shall be discharged, disciplined, demoted, or denied promotion, transfer or reassignment, or otherwise be discriminated against in regard to his employment or be threatened with any such treatment by reason of his exercise of the rights granted by this act. N: A copy of the complaint, whether recorded in writing or by other means, will be give to the employee at least two (2) hours prior to interrogation unless waived by the Public Safety Director or his designee and the employee. Written complaints must be signed by the party or parties alleging a violation. O. An employee under investigation cannot be compelled to submit to a polygraph test or any other "truth measuring" device. • 38 ARTICLE 30. ~,• WAGES 1. Effective October 1, 2003, each bargaining unit member received a 2.3% COLA calculated on his/her September 30, 2003 base salary. The VILLAGE shall owe no retroactive payments for the time between October 1, 2003, and the ratification of this Agreement with regard to the 2.3% COLA, however, any other increases in pay received by the bargaining unit represented by the Palm Beach County Police Benevolent Association between October 1, 2003, and the date of ratification of this Agreement shall be equally provided to employees covered by this Agreement in accordance with Section 6 of this Article. 2. Each employee covered by this Agreement shall receive an annual performance evaluation. Effective October 1, 2003, each bargaining unit member who was employed by the VILLAGE on October 1, 2003, and was eligible for a pay for performance wage adjustment received a pay for performance base wage increase ranging from 0% to 5% based on the member's annual evaluation. The pay for performance system shall operate in accordance with Sections 12.01, 12.02, and 12.03 of the VILLAGE's Personnel Rules and Regulations that were in effect on October 1, 2003. 3. A bargaining unit member who receives a performance evaluation rating of --`Below Standards" or "Development Required" shall have a counseling session with supervisory personnel and be provided with performance goals. The member will be re-evaluated ninety (90) days following the counseling session. If a performance rating of "Successful Level I" or better is received, the member will receive the corresponding performance wage increase. 4. No member shall receive a base wage increase over the maximum salary (top-out) established in the Village pay plan. Increase over top-out pay shall be paid as lump sum payments and shall be treated as salary for pension calculation purposes. 5. The minimum rate established for the bargaining unit positions in the Village pay plan, shall be paid upon employment to "new hire" employees, except that an amount above the minimum rate may be paid when the rate is approved by the Village Manager following a written justification from the Public Safety Director. Approval will be based on the exceptional qualifications of the appointee or the inability to employ adequate personnel at the minimum rate. The Public Safety Director shall address in his justification the rate of pay of current members of the department who have comparable years of service as the proposed appointee. 6. For the duration of this Agreement, any pay and/or benefit increase received by the bargaining unit represented by the Palm Beach County Police Benevolent Association shall be equally provided to the bargaining unit covered by this Agreement. • 39 0 ARTICLE 31. ~• TRAINING 1. In keeping with the ever increasing requirements to maintain certification in the skills necessary to perform the public safety function, it is agreed that any employee who attends fire fighter training as required by the Department or VILLAGE will receive pay at a rate of one and one-half regular pay if the fire fighting training time is above and beyond the employees normal work week. If the employee fails to complete a full work week, pay for fire fighter training will be received at a regular rate of pay. 2. The VILLAGE agrees to provide one week's advance notice for any training scheduled for weekends. • 40 ARTICLE 32. L• PROBATIONARY EMPLOYEES 1. All new employees shall be designated as probationary employees and shall remain in probationary status in their classification for one (1) year from their date of graduation from the academy, or one (1) year from their date of employment in the case of an employee hired who is already a certified officer who does not attend the academy. 2. Periods of absence of three (3) shifts or more during probation will extend the probationary period by the amount of the absence or one week, whichever is greater. 3. The probationary period shall be regarded as an intrinsic part of the examination process and shall be used for observing the employee's performance and adaptation to Village employment. 4. It is the obligation of all supervisory Village personnel to periodically review, in writing, the performance of all probationary employees and to recommend removal of personnel with less than an overall satisfactory performance from their position prior to the end of the probationary period. At a minimum, there shall be two (2) written performance evaluations conducted during the probationary period; the first evaluation at six (6) months of employment and the second during the final month of probation. 5. Upon the satisfactory completion of the probationary period the employee shall attain regular status. The Public Safety Director shall notify the Village Manager in writing that the employee's status has changed from probationary to regular. A copy of the notification shall be placed in the employees personnel file. • 41 ARTICLE 33. CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES 1. The VILLAGE and the UNION acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth and solely embodied in this Agreement. The VILLAGE and the UNION agree that all negotiable items that should or could have been discussed, were discussed; therefore, neither party shall be obligated to negotiate or bargain collectively with respect to any subject or matter, whether referred to herein or not, except as otherwise specifically required in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. 2. Therefore, this Agreement contains the entire contract, understandings, undertaking and agreement of the parties hereto and finally determines and settles all matters of collective bargaining for and during its term. 42 ARTICLE 34. DURATION This Agreement shall become effective as of the date it is ratified by both the UNION and the VILLAGE and shall continue in full force and effect until September 30, 2006. Each party shall have the right to reopen Article 5 (Health Insurance); Article 21 (Scheduled Hours -Overtime Pay); Article 23 (Public Safety Continuing Education); and Article 30 (Wages) for the 2004/2005 and 2005/2006 Fiscal years. Both parties must notify the other of their intentions to open the aforementioned articles no later than July 1S` of the applicable fiscal year. t 43 APPROVAL/SIGNATURE PAGE '. Pursuant to Florida Statute 447.309, the VILLAGE's Chief Executive Officer and the UNION's Bargaining Agent hereby confirm that the foregoing represents the Collective Bargaining Agreement reached by the negotiators through collective bargaining. This Agreement shall not be binding on the Village of North Palm Beach until it has been ratified by the Village Council and by the employees who are members of the bargaining unit. THE VILLAGE OF NORTH PALM BEACH Gl / p Mark B es Village Manager Ratified by the Village of North Palm Beach on the 27thdayof January 20~ 5 ona G. Noel Mayor PROFESSIONAL FIREFIGHTERS / PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. ~G ~ a Mi hael J. M President .~~ ~. J, el Brier ~fia Executive Vice President t ony Gia russo District Vice President 12 Ratified by the Union on the c~ ~~day of 2004. M' hael J. yo President K~#~~14~~p1~r Melissa Teal Village Clerk 44